The Labor Code of the Russian Federation protects the rights of workers who study in universities and technical schools in correspondence, part-time and evening forms of education. For them, benefits are provided in the form of paid leave. In this case, the condition for paying for the vacation is compliance with certain requirements established by law. In order not to pay an employee for study leave, check if all these requirements are met in this case.
The main conditions for the granting of study leave, which are listed in the Labor Code of the Russian Federation, are the receipt of the first professional education of this level, the successful completion of the previous session, the need to provide leave associated with the passing of exams or the defense of a diploma. In addition, the main requirement for obtaining the right to student leave is the state accreditation of the educational institution in which your employee is studying.
According to Art. 173 of the Labor Code of the Russian Federation, you can provide student leave, but not pay for it if an employee takes it to pass entrance exams to a university, or if he is a student of the preparatory departments of educational institutions of higher professional education, and he needs leave to pass entrance exams. It is also possible not to pay an employee's study leave in the case when he studies full-time and combines study with work, and takes leave to undergo intermediate certification, final qualifying work or final state exams.
For those employees who study or enter educational institutions of secondary vocational education, you are also not obliged to pay for study leave if they take them to pass entrance exams, undergo intermediate certification or to prepare and defend their final qualifying work and final state exams.
You have the right not only not to pay for study leave, but also not to provide it to the employee who is studying at two educational institutions at the same time and has already used his right by submitting a certificate-call from one of them.
If the employee does not show much zeal for study and did not pass the last session, you can legally deny him the right to leave and demand that he bring a certificate from the dean's office confirming the absence of academic debt.